Rosscer Craig Tucker, Ii v. Lizabeth Thomas

In this case, we consider whether a trial court has authority to order a parent to pay attorney’s fees as additional child support in a non-enforcement modification suit under Title 5 of the Texas Family Code. The court of appeals held that the trial court in this modification suit under Chapter 156 of the Family Code had discretion to characterize an award of attorney’s fees as necessaries and, as necessaries, had discretion to award fees as additional child support. 405 S.W.3d 694, 697 (Tex.App.Houston [14th Dist.] 2011, pet. granted). We hold that, in the absence of express statutory…